California Injury Lawyers Blog

Marcos Costa, the trucker charged with murder in the 2009 La Cañada Flintridge big rig crash that claimed the lives of Angel Posca and his daughter Angelina, 12, is suing the city, the county, and the state for California personal injury. Costa is seeking $500,000 for mental trauma, oppression, duress, and stress related to the deadly Los Angeles County truck accident.

In his Los Angeles County personal injury complaint, Costa notes that with seven prior trucking accidents having occurred at the intersection, the defendants either "knew or should have known" that the highway was a high risk accident zone and that appropriate steps should have been taken to remedy situation.The big rig driver says that the state, the county, and the California Department of Transportation created dangerous roadway conditions on the Angeles Crest Highway when it did not put up adequate warning signs, create an emergency truck lane for out-of-control trucks to leave they highway before arriving at the intersection, or take reasonable steps to keep trucks from traveling on the section of the road going to Foothill Boulevard.

Costa has been in police custody for the last two years over the murder charges. He was released from jail earlier this month after posting a $340,000 bond.

The trucker lost control of his car hauler will attempting to turn at the intersection of Highway 2 and Foothill Boulevard. The double-decker trailer, which was transporting motor vehicles, struck several vehicles, a bookstore, and a nail salon. In addition to the Angel and Angelina, 12 people suffered injuries.

The Posca family has filed their Los Angeles County wrongful death lawsuit against Costa, the county, the city of La Cañada, Caltrans, and the state of California.

Truck Crashes
Contrary to popular belief, big rig truckers do get injured in Los Angeles truck accidents and they aren't at fault in every accident. Sometimes, it is the other driver who was responsible or the city, county, and/or state were the ones that failed to make a road or intersection safe for use. The manufacturer of a large truck or the makers of defective truck parts can be sued for California products liability if a truck defect or malfunction caused the catastrophic collision.

Driver in fatal crash files civil suit, LaCanadaOnline, March 23, 2011

Two Families, Two Kinds of Torment, La CanadaFlintridgePatch, January 25, 2011

Los Angeles County Truck Accident Kills Father and Daughter and Injures 12 Others, California Injury Lawyers Blog, April 2, 2011

Related Web Resources:
CalTrans

LaCanada Flintridge

More Blog Posts:
California Wrongful Death: Family of Truck Driver Killed When His Big Rig Plunged Off Bay Bridge File Claim Against the State and Caltrans, California Injury Lawyers Blog, April 30, 2010

$40M Huntington Beach Personal Injury and Wrongful Death Claims Seek Damages From City Over Fatal Orange County, California Pedestrian Accident that Killed 3-Month-Old Girl, California Injury Lawyers Blog, February 18, 2011

Laguna Beach Personal Injury Lawsuit Filed Against City, Caltrans, and Construction Company for Hit-and-Run Accident, California Injury Lawyers Blog, September 13, 2010

Another two Orange County, California injury claims have been filed against the city of Huntington Beach related to the pedestrian accident that claimed the life of 3-month-old Ruby Rose Gould. The infant was killed last September after she was struck by a car that was rear-ended by another vehicle whose driver, Robert Anthony Casares, was distracted while trying to keep his laptop from falling out of its carrying case. Her family has filed Huntington Beach personal injury claims and a wrongful death claim seeking $40 million. Also seriously injured in the traffic crash were Ruby's mother and young cousin.

The latest Huntington Beach personal injury claims come from Caryl Johnson and her husband Ronald. It was Caryl's stopped car that was pushed into the crosswalk where it struck Ruby Rose and her family. She claims that she was seriously injured during the Huntington Beach pedestrian accident, and she is alleging negligence, liability, and fault for the city's failure to remedy a "dangerous condition of public property." Residents have long dubbed the crosswalk at Springdale Street and Croupier Drive as dangerous.

Ronald's claim alleges "loss of consortium." The couple point to crosswalk deficiencies, including faulty overhead flashing lights, inadequate pavement parking, and the absence of pedestrian-activated warning lights.

When road defects or flaws contribute to causing an County, California auto crash, even if there is a driver who is at fault, the victim and his/her family may also be able to hold the government entity in charge of overseeing that road liable for personal injury or wrongful death.

So many factors may have played a role in causing your Huntington Beach car accident. It can be difficult to put all the evidence together and determine who did what unless you are working with an experienced Orange County, California personal injury law firm.

Another claim filed in death of baby killed in crosswalk, OC Register, March 15, 2011

$40M Huntington Beach Personal Injury and Wrongful Death Claims Seek Damages From City Over Fatal Orange County, California Pedestrian Accident that Killed 3-Month-Old Girl, California Injury Lawyers Blog, February 18, 2011

Related Web Resources:
Pedestrian Safety

Recent Report Ranks Most Dangerous Counties for Pedestrians in California, STTP California

A California court is upholding a 2009 Riverside County personal injury verdict ordering millionaire Thomas Redmond to pay ex-girlfriend Patricia Behr $6.7 million for allegedly infecting her with herpes. Redmond had sought to have the verdict tossed on the grounds that there was no way to prove that he was the one who gave her the sexually transmitted disease.

According to ABC News, Redmond knew as far back as 1975 that he had genital herpes. Yet Behr says that it wasn't until four months into their relationship in 2003 that he told her that he had an STD. Behr also contends that Redmond, who is the founder of Redmond Products Incorporated, initially told her that he was "healthy" and "free of disease."

The Riverside County injury verdict awards Behr damages for physical and mental suffering, as well as for related past and future medical expenses.

Herpes
The Centers for Disease Control and Prevention says that a person with herpes can spread the disease even when he/she isn't having an active outbreak. Men are more likely to infect women partners with herpes than vice versa. There is no cure for herpes and it can be incredibly traumatic, embarrassing, painful, and uncomfortable. Genital herpes can also cause deadly infections in babies, which is why a woman should avoid getting herpes while pregnant. Herpes may also make people more susceptible to the HIV infection, which can cause AIDS.

Redmond is not the only person in California who has been ordered to pay damages for infecting someone with herpes. Last year, a woman was awarded a $2.49 million Los Angeles injury settlement after her husband, who had been unfaithful, gave her the STD.

Woman Gets $6.7 Million in Herpes Lawsuit, ABC News, March 17, 2011

California Court Upholds $6.7 Million Herpes Lawsuit Verdict, AVVO, March 18, 2011

Related Web Resources:
Genital Herpes, Centers for Disease Control and Prevention

Herpes, Web MD

More Riverside County Injury Lawyers Posts:
Recent Los Angeles County, Riverside County, and San Bernardino County Truck Accidents Cause Injuries, California Injury Lawyers Blog, December 7, 2010

California Jury Awards $16.5 Million Riverside County Medical Malpractice Verdict to Couple in Injury Case Against Neurosurgeon, California Injury Lawyers Blog, February 12, 2010

Bret Michaels says that an accident he was involved in while performing at the 2009 Tony Awards caused him to develop a near-fatal brain injury several months later. He is seeking unspecified damages from CBS and Tony Award Productions.

The rocker was struck by a piece of scenery while he and his band Poison were performing at the show. He injured his lip and broke his nose. In his Los Angeles injury complaint, Michaels contends that he wasn't warned about any dangers presented by the descending scenery piece. He also says that he was not told that the set was going to change after the performance or that the scenery piece that struck him was going to be coming down. Michaels says that the defendants have been blaming him for what happened, claiming that he "missed his mark."

Although his injuries seemed minor at the time, Bret says that it is no coincidence that he went on to develop a subarachnoid brain hemorrhage. He notes that head trauma is a common cause of this kind of hemorrhage, which is what happened when the set piece struck his face.

Subarachnoid Brain Hemorrhage
A Subarachnoid brain hemorrhage can occur when a blood vessel bursts in the area just outside of the brain. Common causes for this type of brain injury include head injury, infection, aneurysm, arteriovenous malformation, and atherosclerosis. About 1/3rd of people suffering from a subarachnoid brain hemorrhage end up dying from it.

Our Anaheim brain injury lawyers would be remiss in covering a story about a Los Angeles brain injury case without notifying our readers that March is Brain Injury Awareness Month.

CDC Traumatic Brain Injury Estimates:
• About 1.7M people sustain a TBI each year
• 52,000 die
• 275,000 are hospitalized
• 1.365M receive emergency care

Common causes of brain injuries include fall accidents, near drowning, traffic crashes, impact with a hard surface or object, and recreational activities.

Bret Michaels Sues -- The Tonys Almost KILLED Me, TMZ, March 25, 2011

Brett Michaels Sues the Tonys over 2009 Accident, NBC Chicago, March 25, 2011

Related Web Resources:
Brain Injury Awareness Month, Brain Injury Association of America

Aneurysms and Subarachnoid Hemorrhage, Cedars-Sinai

Centers for Disease Control and Prevention

More Blog Posts:
Toddler Attending Los Angeles Lakers Game Dies After Falling 50 Feet from Staples Center Luxury Seats, California Injury Lawyers Blog, November 22, 2010

$5.5 Million Los Angeles County Medical Malpractice Settlement Reached with Family of Redondo Beach Cheerleader who Sustained Permanent TBI, California Injury Lawyers Blog, August 26, 2010

$40 Million Irvine Wrongful Death Lawsuit Seeks Compensation Over Woman's Fatal Orange County, California Slip and Fall at Great Park Ice Skating Rink, California Injury Lawyers Blog, August 4, 2010

Our Anaheim products liability lawyers work with families whose children have been injured by all kinds of defective, dangerous, and unsafe products. That said, while it is the manufacturer's job to make sure that their products are safe for use, it is also important for safety regulators to make sure that they set high standards and recommendations for safety.

This week, the National Highway Traffic Safety Administration issued its New Child Seat Guidelines. Rather than categorizing these guidelines by the type of safety seat child, NHTSA is now doing so by age to keep up with the newest child restraint technologies and latest research. The federal agency wants parents to keep kids in the restraint type recommended for each age until the child outgrows the car seat's height and weight limit set by the manufacturer. Hopefully, these new recommendations will decrease the number of California child injuries during traffic crashes.

NHTSA Recommendations for Car Seats:
12 months and younger: Babies should always be secured in a rear-facing car seat.

Ages 1 - 3: NHTSA says to have your child use a rear-facing safety seat until he/she exceeds the height/weight limit that the manufacturer has set. After that, a forward-facing car seat is recommended.

Ages 4 - 7: A child should use a forward-facing car seat with a harness until she/he outgrows the height/weight limit set. The NHTSA recommends a booster seat next.

Ages 8 - 12: A child should use a booster seat until he/she is grown enough to use a seat belt properly. Even then, it is best to only allow your child to sit in the backseat and not the front passenger seat.

Also revising its car seat recommendations is the American Academy of Pediatrics. AAP now recommends that kids age 2 and under use rear-facing child safety seats. It recommends booster use for kids age 8 and under.

Car seats and booster seats can save kids' lives during Anaheim car accidents. It can be devastating to discover that your child could have been saved if only his/her car seat did not malfunction or was not defective in another way.

Examples of child car seat defects:
• Poor construction
• Handle failure
• Separation of shell or base
• Harness defect
• Does not meet safety standards
• Flammable material
• Construction flaws

Car Seat Recommendations for Children, NHTSA (PDF)

Car Seat Guidelines Updated: Babies Ride Backward Until Age 2, Time, March 21, 2011

Related Web Resources:
Pediatrics

Recommended Car Seats, Consumer Reports

Continue reading "Will NHTSA's New Child Safety Seat Guidelines Save Lives During Orange County, California Car Crashes?" »

Anne R. Burdette, an ex-UPS employee, and Empire Building & Environmental Services, Inc., a janitorial and maintenance company, have settled her Anaheim personal injury complaint for $535,000. Burdette got hurt in 2007 when she was struck on the head by a trash bag filled with tissue paper while at her workstation.

At the time of the Orange County, California personal injury accident, the trash bag was being handled by one of the defendant's employees, who was cleaning the office. Per Burdette's civil complaint, the worker behaved negligently when throwing the trash bag, which weighed three to five pounds, down a stairwell. The bag hit Burdette on the neck and head, which exacerbated her degenerative cervical tissue condition. As a result of the Anaheim injury accident, Burdette contends that she ended up having to undergo cervical fusion, which resulted in "significant pain and discomfort." Burdette could not go back to work.

Third Party Lawsuits
Although you cannot sue your employer for Orange County, California injury, if you were injured on the job and another party that you do not work for directly contributed to causing your Anaheim work accident, you may be able to file a California injury claim or lawsuit against them. This case and its outcome would be separate from the California workers' compensation claim you would submit to your employer's insurer to receive work injury benefits.

An experienced Anaheim injury attorney can help you consider all of your legal options. In some cases, there may be more than one party who should be held liable for your disability, pain and suffering, lost wages, and other damages.

Woman hit with trash bag collects $535,000, OC Register, March 23, 2011

Related Web Resources:
Empire Building & Environmental Services

Personal Injury, Justia

Three people were killed today in a fiery San Bernardino County plane crash. The Cessna 210, had taken off from John Wayne Airport in Orange County, California before dropping into a hillside close to Barstow-Daggett Airport. The Federal Aviation Administration and the National Transportation Safety Board are investigating the San Bernardino County, aviation accident.

It was just five days ago that another plane crash, this one at the Long Beach Airport, killed five people. The victims were Mark Llewllyn Bixby, Thomas Fay Dan, Jeffrey Albert Berger, Kenneth Earl Cruz, and Bruce Michael Krall, who had been flying the plane. One passenger, Mike Jensen, survived the crash with critical injuries. He is expected to recover.

The twin-engine plane crashed shortly after take off as it dove into an airfield. The NTSB and the FAA are also looking into the Long Beach aviation accident.

California Aviation Accidents
To determine liability in a California plane crash, you should work with an experienced Los Angeles County plane crash lawyer that will know how to figure out who should be held liable, how to best prove damages, and what the grounds are for negligence. Depending on the type of plane and the cause(s) of the California aviation accident, possible liable parties can include the:

• Plane manufacturer
• The pilot
• Airport control workers
• Plane part supplier
• Plane charter companies
• FAA or other governing bodies
• Plane owner
• Airline

Plane crashes usually result in fatalities. When there are survivors, the injuries are generally serious and likely catastrophic. You should explore your legal options as soon as possible. California plane crash cases can be complex and a lot of work will need to be done to help you obtain the maximum recovery owed.

Plane crash near Southern Calif. airport kills 3, FoxNews, March 20, 2011

All five victims of Long Beach plane crash now identified; lone survivor still in critical condition, Los Angeles TImes, March 17, 2011

Related Web Resources:
FAA

NTSB

In a federal lawsuit filed in Los Angeles County, Dennis Cruz is suing San Bernardino County and several sheriff's deputies for excessive use of force. He says he has videotaped evidence.

In his San Bernardino County police brutality complaint, Cruz contends that police assaulted him on March 6, 2009. He says that while at a Circle K in Hesperia, a deputy came up to him to ask for his driver's license. The cop then asked him if he belonged to the El Salvadorean gang Mara Salvatrucha before threatening to have him deported.

Cruz, who is not a US citizens has Temporary Protected Status. This means that the Department of Homeland Security allowed him to stay here while it remains unsafe for him to go back home.

The plaintiff claims that after the deputy drove him to the sheriff's building, an officer pushed his head against the wall while five deputies assaulted and restrained him. Cruz was later charged with assaulting a cop. He pleaded guilty to a lesser charge.

Unnecessary and excessive use of police force is misconduct and may be considered an act of police brutality. Sometimes a police officer may exert excessive force while doing his/her job, such as when detaining a suspect or trying to calm a crowd. It doesn't matter what the reason. It is wrong for a cop to ever use excessive force, which is a violation of the victim's rights and can cause serious California personal injuries.

If you believe that a cop used unnecessary force when questioning, arresting, detaining, or holding you in custody, do not be afraid to talk to a San Bernardino County personal injury lawyer to find out if you have grounds for a case. Law enforcement officers have a responsibility not to abuse their authority. Unfortunately, police brutality does happen.

Man Claims He has Videotape of San Bernardino Deputies Beating Him Unconscious, LA Weekly, March 14, 2011

Related Web Resources:
San Bernardino County Sheriff

Police Brutality: The Use of Excessive Force"

More Blog Posts:
$20M Orange County, Wrongful Death Lawsuit Accuses Santa Ana Police of Shooting Man in the Back of the Head, California Injury Lawyers Blog, February 3, 2011

Laguna Beach and Orange County, California Settle Taser Lawsuit by Dana Point Man in Wrongful Arrest Case, California Injury Lawyers Blog, November 19, 2010

Anaheim Police Brutality: Former Cop Convicted of Sexual Assault, California Injury Lawyers Blog, May 18, 2010

The family of Carrie Delay is suing the Motion Picture & Television Country House and Hospital for Los Angeles nursing negligence and wrongful death. Delay, an 89-year-old Alzheimer's patient, died a week after falling off a landing between the first and second floors on October 17, 2010.

According to the Los Angeles elder abuse and neglect complaint, Delay fractured her spine and sustained skin tears and contusions during the Woodland Hills fall accident. She died a week after the incident. Prior to her death, Delay was a resident of the Motion Picture & Television Country House and Hospital for almost 10 years.

Her family is also claiming inadequate supervision, and California premises liability. The family's Los Angeles wrongful death lawyers contend that Delay was left unsupervised and that no one stopped her from going past a nursing and behind a fire door. The fall accident took place less than 300 feet from where she had been left unattended.

Fall Accidents
Elderly persons that have physical and mentally disabilities are at risk of getting hurt in fall accidents. This is why there must be adequate safety measures in place to prevent fall accidents, slip and fall accidents, and trip and fall accidents. In some cases, an elderly senior may require constant supervision.

According to the Website Learnnottofall.com:
• Approximately 30% of seniors age 65 and older fall annually.
• More than 50% of seniors in the 80 and over age group fall every year.

Fall accidents can lead to spinal cord injuries, head injuries, broken hips, broken bones and other painful injuries that can take awhile to recover from and may result in additional health complications, such as muscle cell breakdown and pressure sores. Assisted living facilities and retirement homes are aware that elderly and frail patients are vulnerable to fall accidents and it is their job to protect them from such incidents. Failure to do so can be grounds for a Los Angeles nursing home neglect case.

Family files lawsuit against MPTF after elderly woman falls, dies, Daily News, March 15, 2011

Family of deceased nursing home patient sues Motion Picture & Television Fund for negligence, Los Angeles Times, March 15, 2011

Related Web Resources:
Motion Picture & Television Country House and Hospital

Learn Not to Fall

More Blog Posts:
Los Angeles Nursing Home Negligence Lawsuit Blames Woodland Hills Facility for Actor Gene Barry's Wrongful Death, California Injury Lawyers Blog, December 3, 2010

California Nursing Home Negligence?: Fatal Fall Accident Involved Improperly Maintained Mechanical Lift, California Injury Lawyers Blog, October 27, 2010

Jury Awards $29.1 Million California Nursing Home Neglect Verdict to Family of Patient who Died from Infected Bedsore, California Injury Lawyers Blog, May 13, 2010

Jessica Lynn Shekell has been sentenced to six years in prison for causing the wrong-way Yorba Linda car crash on the 91 freeway that killed sisters Patricia Miguel, 30, and Sally Miguel, 49, in October 2009. Shekell, a 23-year-old Anaheim woman, had pleaded guilty to four felony counts, including two for vehicular manslaughter with gross negligence while intoxicated. Her Orange County, California wrongful death trial is scheduled in June.

Shekell and friends had been drinking in Placentia bars when, at around 3am, she drove her Toyota pickup the wrong way up the 91 freeway at about 50 mph. It was then that she crashed into the Chevrolet pickup carrying the Miguel sisters and their nieces Sarah Miguel, 12, and Mary Miguel, 16, who sustained permanent injury and must now use a cane. At the time of the fatal Orange County, California car accident, the women and girls were driving back to San Bernardino after spending time in Buena Park at Knott's Berry Farm.

Prosecutor Susan Price says that Shekell's blood alcohol level was .26%--significantly higher than the .08% legal limit. However, the Anaheim woman's lawyer says another test indicated that Shekell's BAC was .20%.

Drunk Driving
Drunk Driving is negligent driving. The more alcohol a driver has consumed the greater the chance he/she will become involved in a deadly Orange County, California car accident. A drunk driver may experience impaired reasoning, affected depth perception problems, reasoning difficulties, vision problems, emotional mood swings, delayed reactions, motor control loss, speech problems, judgment issues, motor impairment, memory loss, alcohol poisoning, or car sickness while driving. These symptoms can cause a drunk driver to make poor decisions, lose control of the vehicle, and seriously injure or kill others.

Anaheim woman gets 6 years for killing two sisters while driving drunk, Los Angeles Times, March 9, 2011

2 dead after head-on collision with CSUF student, Daily Titan, October 26, 2009

Recent Anaheim Car Accidents Result in Injuries and Deaths, California Injury Lawyers Blog, October 29, 2011

Related Web Resources:
The Visual Detection of DWI Motorists, NHTSA

How Much is Too Much, Alcohol Screening

Related Blog Posts:
$40M Huntington Beach Personal Injury and Wrongful Death Claims Seek Damages From City Over Fatal Orange County, California Pedestrian Accident that Killed 3-Month-Old Girl, California Injury Lawyers Blog, February 18, 2011

Santa Ana, California Car Accident Kills Buena Park Father and Son, California Injury Lawyers Blog, December 28, 2010

A 58-year-old woman whose cancer was treated using the Axxent Electronic Brachytherapy System at Hoag Hospital is now suing for Newport Beach medical malpractice. The patient, referred to as "Jane Doe," may lose one or both of her breasts following the experimental radiation procedure. She is also suing manufacturer Xoft Inc. for California products liability over the allegedly defective medical device.

The woman was treated on June 24, 2010. During her six-month checkup, doctors discovered high-density tungsten particles in the breast that was treated. The tungsten, which is a metal element, allegedly broke off from the XOFT/iCAD Axxent Flexishield Mini, a device used during the procedure that was supposed to protect patient from radiation. Last month, Xoft Inc. recalled the Flexishield Mini, citing that a Jane Doe had reported finding the metal in her body during a follow-up mammogram. The manufacturer, however, said that the discovery didn't mean that the procedure was less safe.

Doctors, however, are recommending that Jane Doe get her breast removed to ensure that the metal particles don't end up spreading to other parts of her body. She might even end up undergoing a double mastectomy so that her breasts appear more natural. Jane Doe is seeking Newport Beach injury compensation for pain and suffering, lost wages, and medical expenses.

Defective Medical Devices Cases
Unfortunately, there are medical devices out there that can cause more harm than good to a patient. The resulting health complications can be traumatic and costly, possibly leaving the patient worse off than before. If you have been injured by a defective medical device, you may have grounds for a California products liability lawsuit against the manufacturer. You also may reason to sue your medical provider for Newport Beach medical malpractice.

Reasons for Filing a Defective Product Claim:
• Manufacturing defect
• Design defect
• Marketing errors, failures, or defects

Hoag patient sues after experimental therapy, Daily Pilot, March 9, 2011

Metal found in patient's breasts, OC Register, March 9, 2011

Related Web Resources:
Xoft Inc.

Axxent Electronic Brachytherapy System

The husband and daughter of Laura Faitro are suing Valley Surgical Center and Top Surgeons, Inc. 1-800-GET-THIN LLC, doctors Kevork Tashjian and Ihsan Shamaan, Simi Valley Hospital, and other defendants for Los Angeles County wrongful death and medical malpractice. Faitro, 50, died last July after undergoing Lap-Band surgery. Per court documents, even though Faitro complained of serious abdominal pain after the procedure, she was discharged that same day. Two days later, she was treated at Simi Valley Hospital's emergency room.

Per the plaintiffs' Los Angeles medical malpractice complaint, the autopsy report states that Faitro's liver was lacerated more than once during the Lap-Band procedure and that she developed sepsis after bacteria got into her abdominal cavity. She died on July 26, 2010 from sepsis shock, blood loss, a lacerated liver, cardiac arrest, and acute renal failure.

Faitro's family is seeking compensatory and general damages for her California wrongful death. They claim that the defendants were "malicious and fraudulent" toward her and that their actions "were done with a willful and conscious disregard of (her) rights or safety." Her husband John, who suffers from diabetes and is blind, says that surgeons didn't tell his wife that her liver had been lacerated during the Lap-band surgery.

Lap-Band Surgery
This surgery, which is approved by the FDA, helps a patient feel fuller after eating less food. Although considered a safer option than gastric bypass surgery, complications can occur, including band slippage or erosion. Other complications that may result include stomach wall deterioration, ulcers, erosion, deflation, hematoma, port issues, and esophagus dilation.

Faitro's family has also filed a separate class action against several defendants, including 1-800-GET-THIN LLC and Top Surgeons, alleging false advertising.

Simi Valley man files suit over wife's death after Lap-Band surgery, Ventura County Star, February 26, 2011

Lap-Band clinic is sued over death, Los Angeles Times, February 10, 2011

Related Web Resources:
Lap-Band AP

1-800-GET-THIN LLC

More Blog Posts:
Los Angeles Medical Malpractice?: California Medical Board Investigates Surgeon Following Lawndale Woman's Death After Lap-Band Procedure, California Injury Lawyers Blog, February 4, 2011

Family is Suing Encino Cosmetic Surgeon for Los Angeles Wrongful Death, California Injury Lawyers Blog, December 29, 2010

The California Supreme Court has reinstated a San Bernardino County tractor-trailer truck crash verdict that a state appeals court had overthrown. As a result, Ralphs Grocery Co. must now pay the widow of Adelelmo Cabral $475,298 for his wrongful death.

Cabral, a construction worker, was killed in February 2004 when his pickup truck drove off Interstate-10 at speeds of 70-80 mph and rear-ended a parked Ralphs' tractor-trailer. Although the area where the truck was parked had been designated for emergency parking only, truck driver Hen Horn chose to park to eat a snack.

Per testimony by medical personnel, Cabral likely was suffering from an undiagnosed condition or fell asleep at the wheel when he drove his vehicle off the road and collided with the large truck. There is no evidence that he tried to avoid the crash.

A jury found Cabral 90% liable. It found Ralph's 10% liable. $475,298 is 10% of the $4.33 million in noneconomic damages awarded, with damages for the semi-truck also deducted from the original verdict.

The state appeals court overturned the San Bernardino County wrongful death verdict. That court found that the grocery chain was not legally obligated to protect drivers from a truck that had been negligently parked because such a roadside crash was only a remote possibility. However, the California Supreme Court disagrees, finding that such a collision was "clearly foreseeable."

The California Supreme Court's ruling in Cabral v. Ralphs Grocery Company is a clear example of why it is important that you have an experienced San Bernardino County truck crash law firm representing you. It would have been easy for the victim's family to assume that they weren't owed any damages because Cabral appeared to have been mostly at fault. However, upon further examination, a jury, and later the state's highest court, agreed that truck driver negligence partially contributed to causing the California semi-trailer accident, which is why Cabral's family will receive some financial recovery.

Parked trucker's boss liable for fatal crash, San Francisco Gate, March 2, 2011

S.C. Revives Lawsuit Against Ralphs by Widow of Negligent Driver, Metropolitan-Enterprise, March 1, 2011

Related Web Resource:
Cabral v. Ralphs Grocery Company

More Blog Posts:
Recent Los Angeles County, Riverside County, and San Bernardino County Truck Accidents Cause Injuries, California Injury Lawyers Blog, December 7, 2010

Trucker Who Lost Control of Big Rig in Multi-Vehicle Los Angeles Traffic Crash on 405 N Had Suffered Fatal Heart Attack, California Injury Lawyers Blog, October 29, 2010

Woman Injured in Fountain Valley Truck Accident, California Injury Lawyers Blog, October 18, 2010

California Department of Justice agents have arrested three nursing home workers for the alleged elder abuse of an elderly man. They say that one of the workers pulled on the resident's genitalia, while the other two knew about the incident but did not report it. The California nursing home sexual abuse occurred at the Idylwood Care Center.

The nursing home workers who were arrested are Arnold Samson, who faces charges of elder abuse and battery, Ricardo Martinez, and Ryan Tan. The incident came to the attention of the state after a fourth nursing home worker reported seeing Samson grab at the resident's genitalia. Agents say that their investigation revealed that Samson had done this to the man several times, including once when the resident was asleep. There were also other occasions when Samson allegedly threatened to touch the man.

Elder Abuse
Nursing home workers are supposed to report any incidents of abuse or neglect that they see their coworkers committing. An assisted living facility is supposed to stop the abuse or neglect immediately.

Unfortunately, California nursing home abuse and neglect continue to be serious problems at certain assisted living facilities. When this happens to a patient, he/she may have grounds for filing a personal injury claim.

Many residents cannot fight back when they are abused or sexually assaulted by a nursing home worker. Speech problems, mental illness, paralysis, traumatic brain injury, and other health issues may make it impossible for them to fight back or even report what happened. This can make it easy for the abuser to keep coming back, while inflicting harm on the resident.

Nursing homes must be careful about who they hire. They must also closely supervise their employees to make sure that they are administering the proper nursing care to residents.

Sunnyvale: Three nursing home workers charged with elder abuse, Mercury News, March 3, 2011

Sunnyvale Nursing Home Worker Arrested For Alleged Elder Abuse, KTVU, March 3, 2011

Related Web Resources:
National Center on Elder Abuse

Elder Abuse and Neglect, HelpGuide.org

Sexual Abuse Took Place at Hawthorne, California Nursing Home, Says Ex-Employee, California Injury Lawyers Blog, January 27, 2011

Continue reading "Three Workers Arrested for California Nursing Home Sexual Abuse" »

Reversing a ruling dismissing a family's California seat belt defect lawsuit over the 2002 wrongful death of a woman who had been using a lap belt, the US Supreme Court says that the products liability case against Mazda can proceed. The family of Thanh Williamson contends that she wouldn't have died in a head-on car crash if the automaker had equipped the middle rear seat of the 1993 minivan she was riding in with a lap and shoulder belt. The passengers in the vehicle with her who were using this type of belt survived the traffic crash.

Judges had dismissed the California wrongful death lawsuit on the grounds that Geier v. American Honda Motor Company, a 2000 US Supreme Court ruling protected car manufacturers from lawsuits, related to their failure to immediately install air bags in all their autos. The US Supreme Court, however, says that the issue of lap belt vs. lap and shoulder belts is different from the issue posed by air bags, whose effectiveness at the time was still doubted by federal safety regulators. Federal safety regulators knew that lap and shoulder belts were safer than lap belts.

Also, Justice Stephen G. Breyer noted that while the Geier v. American Honda Motor Company ruled that federal safety regulations preempt the filing of personal injury cases that claim a manufacturer made the wrong choice, the US Supreme Court now finds that the regulations establish the "minimum" that the law requires and products liability cases may be helpful in getting car manufacturers to make their vehicles even more safe.

Five days after its opinion in Williamson v. Mazda Motor of America, the ruling's impact could already be felt as the court revived Priester v. Ford Motor Co., another auto products liability lawsuit. Its plaintiff, Mary Robyn Priester, claims Ford was negligent when it used tempered glass on its windows.

Priester's son, James Lloyd Priester, died after he was ejected from his 1997 Ford F-150 pickup. She contends that if the automaker had used some type of glazing on its windows, he would not have been thrown from the vehicle. Federal safety regulation allowed tempered glass as an option for side windows.

Supreme Court OKs lawsuits over cars' lack of best safety equipment, Los Angeles Times, February 24, 2011

Ford Pickup Suit Revived by High Court After Mazda Ruling, Bloomberg, February 28, 2011

Supreme Court: Mazda Can Be Sued for Lack of Backseat Belts in Vans, ABC News, February 23, 2011

Related Web Resources:
Geier v. American Honda Motor Company

Williamson v. Mazda Motor of America (PDF)

More Blog Posts:
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